Monthly Archives: November 2011

Faculty Activities – November 2011

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Lori Andrews gave a presentation entitled Combating Cyberbullying, at Social Media Week, an international event, in Chicago in September 2011.  She will be presenting a talk on the effect of gene patents on the international biotechnology industry in Warsaw, Poland, in December 2011.  In January 2012, she will also be giving speeches about creating a Constitution for social networks at the National Constitution Center in Philadelphia and at the Boston Public Library, and a presentation to FBI agents about social networks.

Professor Andrews will be filing an amicus brief on behalf of medical organizations in the U.S. Supreme Court for Association for Molecular Pathology v. United States Patent and Trademark Office.  In July 2011, the Federal Circuit released its decision in the case, reversing the district court in holding that gene sequences are patentable subject matter and affirming the district court in holding that methods of comparing or analyzing gene sequences are not patentable subject matter.

Professor Andrews will be profiled in the February 2012 issue of More Magazine.

On March 23, 2012, Professor Andrews will co-host with Professor Richard Warner a conference at Chicago-Kent, entitled Internet Privacy, Social Networks, and Data Aggregation.  The Chicago-Kent Center for Information, Society, and Policy is sponsoring the conference.


Evelyn Brody is the Reporter for the American Law Institute project on Principles of the Law of Nonprofit Organizations.  She revised Chapter 6 (Enforcement) into Tentative Draft No. 3 (2011), sections 610 through 660 of which were tentatively approved by the ALI Council in February 2011 and by the membership at the Annual Meeting in Washington, D.C., in May 2011. The few remaining sections of Chapter 6 will be considered by the ALI Council and membership at subsequent meetings.

Professor Brody’s revised presentation of Public Policy and Nonprofits: The Legal Landscape was published in Public Policy for Nonprofits (Report on ARNOVA’s Symposium of October 2010) 48-55 (Mar. 2011), available at  (She had prepared this paper for the invitational ARNOVA/Gates Symposium on Public Policy for Nonprofits held in Baltimore, Oct. 4-5, 2010.)  Professor Brody also participated in the smaller follow-up ARNOVA/Gates Foundation symposium on Public Policy Issues in Nonprofit Financing (Washington, D.C., June 2-3, 2011).

As a panelist, Professor Brody spoke on Examining the Potential Benefits and Consequences of Policy Proposals for Public Charities and Private Foundations: What Are the Factors the Independent Sector Should Consider in Developing Its Positions and Recommendations to Congress and the Administration Regarding New Rules for Tax-Exempt and Hybrid Corporations?, at the Gathering of Experts, Independent Sector Ad Hoc Advisory Group (Washington, DC, April 14-15, 2011).

Professor Brody’s paper Sunshine and Shadows on Charity Governance: Public Disclosure as a Regulatory Tool, was accepted for presentation at the 2011 Internal Revenue Service Research Conference, New Perspectives on Tax Administration, co-hosted with the Urban-Brookings Tax Policy Center (Washington, June 22, 2011). This paper will appear both in the conference proceedings and in the Florida Tax Review.

Since June 2001, Professor Brody has been an advisory board member to the “Tax Policy and Charities” project, a joint undertaking of the Urban Institute Center on Nonprofits and Philanthropy and the Brookings Institute-Urban Institute Tax Policy Center, funded with a grant (July 2011-June 2014) from the Bill and Melinda Gates Foundation. This project is analyzing the many interactions between the federal and state tax systems and the charitable sector, with special emphasis on income and estate tax deductions for charitable giving; income- and property-tax exemptions for nonprofit organizations; and private foundation excise taxes. (For more information, go to  Professor Brody also helped plan a day-long seminar on Budget Pressure and Changing the Charitable Deduction: For Better or Worse? (Washington, D.C., October 7, 2011), at which she spoke on the panel A Conversation About the Bigger Picture: Charities in Tax Reform at the Federal and State Levels.

In October, Professor Brody attended the invitational Annual Conference of the National Center on Philanthropy and the Law, New York University School of Law, whose papers addressed the topic of Border Patrol: Charitable Status Despite Inurement or Private Benefit? (New York City, October 27-28, 2011).  She also appeared as a panelist on A Perfect Storm: Time to Change Course or Hunker Down?, at the Independent Sector’s 2011 Public Policy Action Institute (Chicago, October 29, 2011).


David Gerber gave a lecture titled, Global Competition Law: Dimensions, Consequences and Issues, at the Stockholm Center for Commercial Law, Stockholm, Sweden, September, 2011.  He also delivered a lecture titled Research in Global Competition Law, to the Law Faculty, University of Stockholm, Sept., 2011, as well as a lecture titled Global Competition and Europe, for the Uppsala University Law Faculty, in Uppsala, Sweden.

Professor Gerber also delivered the lecture, Global Competition Law: Implications for European Competition Law Authorities, at the Swedish Competition Authority, Stockholm, Sweden, September 2011, and a lecture titled, Global Competition Law Issues and U.S. Practice, at the Chicago Center for International Dispute Resolution, Chicago, October, 2011.

Finally, Professor Gerber served as host, moderator and speaker at the Global Competition Conference, Chicago-Kent College of Law, October 2011.


Philip Hablutzel was appointed in September to another one-year term on the Illinois State Bar Association’s Section of Corporation, Securities and Business Law.  On October 5, he hosted the academic year’s first meeting of the Institute of Illinois Business Law at Chicago-Kent. On November 1, he spoke to the Alumni Association of the University of Chicago’s Booth Graduate School of Business on legal issues posed by serving on a board of directors of a not for profit corporation.


Edward Lee hosted Chicago-Kent’s Supreme Court IP Review conference on September 15 and was a panelist speaking on the Golan v. Holder case.  He also was a commenter on Jacqui Lipton’s book proposal Cyberlaw 2.0 at Fordham Law School’s Center on Law and Information Policy, and on September 27, he presented Copyright, Death, and Taxes at a Chicago-Kent faculty workshop.

In October, Professor Lee was a guest speaker on Golan v. Holder at DePaul University College of Law and was a panelist speaking on the Digital Millennium Copyright Act safe harbor provisions at a symposium at Universidad Sergio Arboleda, and a guest speaker on Golan v. Holder.  He also presented Copyright, Death, and Taxes at Marquette Law School’s IP Colloquium on October 25.

On November 10, Professor Lee presented Copyright, Death, and Taxes at a brown bag lunch for Chicago-Kent students.  Finally, on November 17, he will speak to the American Bar Association’s Litigation, IP Litigation, and Copyright sections on Everything That Is Wrong About Copyright in the Digital Age and Proposals for Reform.


Martin Malin was the commentator on a panel on Freedom of Association at a symposium on The Constitutionalization of Labor and Employment Law? held October 27-28 at the University of Wisconsin Law School in Madison.  He provided commentary on papers presented by Mark Tushent, Ken Dau-Schmidt, Ruben Garcia, and Roy Adams.  He also provided commentary on a panel on Public Sector Unions: Is Reform Needed and Proposals for Reform at a conference on Government Unions in the United States, sponsored by the Searle Institute on Law, Regulation and Economic Growth at Northwestern University Law School on October 14.  He provided commentary on papers presented by Sam Estreicher, Barry Bluestone, and John McGinnis.

Professor Malin spoke on A Comparison of Arbitral Disclosure Obligations in Labor and Employment Arbitration, at the National Academy of Arbitrators Fall Education Conference in Miami, FL on September 17.  He also spoke on The Upheaval in Public Sector Labor Law: A Search for Common Elements, at a conference on The Crisis in Public Sector Employment, at the University of Richmond School of Law on September 9, 2011.


Nancy Marder presented her article Batson Revisited at a conference entitled Batson at Twenty-Five: Perspectives on the Landmark, Reflections on Its Legacy, which was held at the University of Iowa College of Law on October 20-21, 2011.

This fall, Professor Marder was named a co-director of the Chicago-Kent Institute for Law and the Humanities.  She joins Professors Sheldon Nahmod and Felice Batlan in this role.  Professor Marder was also re-appointed as a member of the American Judicature Society’s Carpenter Jury Center Advisory Committee and as the Professor/Reporter of the Illinois Supreme Court Committee on Jury Instructions in Civil Cases.


Ana Mendez Mencini is the new Assistant Clinical Professor for Immigration Law at Chicago-Kent.  In October, Professor Mencini spoke at a Chicago Bar Association CLE by the Adoption Law Committee on the intersection of immigration and adoption law.


Sheldon Nahmod argued an important section 1983 case, Harrington v. Wilbur, in the Eighth Circuit on Sept. 19, 2011.

Professor Nahmod spoke at Loyola Law School, New Orleans, on Nov. 3, 2011, about the Supreme Court’s 2011 decision in Connick v. Thompson.  He also spoke on Nov. 17, 2011 to newly confirmed federal district court judges on section 1983. This program was held in Washington, DC, under the auspices of the Federal Judicial Center, the educational arm of the federal judiciary.


Henry Perritt presented to the International and Foreign Law Committee of the Young Lawyers Section (YLS) of the Chicago Bar Association on lessons learned from the Kosovo intervention on October 17.

His new play, Airline Miles is scheduled for a workshop production at The Artistic Home Theatre on 13 November.  Also, his play, Giving Ground, jointly sponsored by The Artistic Home, the Chicago Bar Association YLS, and the Chicago-Kent CLE Department, which Professor Perritt wrote and is producing, is scheduling an auction in December, at which roles as cast members will go to the highest bidder.


César Rosado recently delivered a work-in-progress titled The Jaguar’s Underbelly: What We Can Learn from Labor Law Regulation in Chile at The International Labor Organization, Geneva, Switzerland and the Universidad Adolfo Ibañez University in Santiago, Chile.

Professor Rosado also presented a work-in-progress that he is co-authoring with Margot Nikitas (Chicago-Kent ’12) titled Employer Remedies for Unfair Labor Practices by Unions: An American View.   The paper was presented at the Remedies and Sanctions for Unlawful Industrial Action in a Comparative Perspective Conference, sponsored by the Regulating Markets and Labour Programme, the Istituto Italiano di Scienze Umane and University of Florence, Florence, Italy.

Professor Rosado presented his paper Power to Frame: The Human Rights Turn on Labor Rights in Chile and the Role of State Power,  at the American Sociological Association annual meeting in Las Vegas, Nevada.

Professor Rosado was recently invited to join the Academic Committee of the Masters Program in Labor Law, Adolfo Ibañez University (“AIU”), in Santiago, Chile, which offers innovative training to practicing labor and employment lawyers in Chile.  It also offers a handful of scholarships for sitting judges of the new labor courts of the country. Professor Rosado will help train these judges and practicing lawyers.

In October Professor Rosado delivered a lecture at the AIU of Chile on selected topics of American labor law.  He also was invited to be a Visiting Research Professor at Stockholm University from June through December, 2012.  The research project will focus on international framework agreements or global, non-binding, labor-management agreements.


Christopher Schmidt presented The Tea Party and the Constitution at the Constitutional Law Colloquium, Loyola University Chicago School of Law, October 2011.  In December he will give a lecture on U.S. Constitutional Law at the Winter Conference for Judicial Officers, organized by the Indiana Judicial Center.


David Schwartz spoke on a panel about Cert. Petitions to Watch at Chicago-Kent’s second annual Supreme Court IP Review in September.

In October, Professor Schwartz, spoke about The Rise of Contingent Representation in Patent Litigation at the University of Missouri-Kansas City Law School’s Fueling Innovation conference.

On November 4, he served as a discussant at the Empirical Legal Studies Annual Conference at Northwestern University Law School.


Christopher Seaman presented his current work-in-progress, Toward an Optimal Regime for Joint Ownership in Patent and Copyright Law, at the Intellectual Property Scholars Conference at DePaul University College of Law in August 2011.  He also moderated a panel on Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, 131 S. Ct. 2188 (2011), at the 2nd Annual Supreme Court IP Conference at Chicago-Kent in September 2011.

Professor Seaman spoke on a panel entitled Understanding the Real Value of Your Patent Portfolio at the 2011 Annual Meeting of the Intellectual Property Law Association in Washington, DC in October 2011.  Finally, he moderated Patent Wars, a panel discussion hosted by the Chicago-Kent IP Law Society in October 2011.


Andrew Spalding‘s research on anti-corruption law was cited in a September 17, 2011 article in The Economist, Bribery Abroad: A Tale of Two Laws.  In January, Professor Spalding will present a paper as part of Northwestern University Law School’s semester-long International Law Workshop.  Finally, he chaired a panel at the University of Wisconsin Law School on Corruption in South Asia as part of an interdisciplinary legal studies conference on South Asia.


Ronald Staudt co-Chaired the College of Law Practice Management’s Future Conference and moderated the keynote session on The Future of Price: Defining Value in Value Billing on October 28-29, 2011.

He also will present at the AALS annual meeting workshop entitled The Future of the Legal Profession and Legal Education: Changes in Law Practice, Implications for Legal Education, to be held on Thursday, January 5, 2012, in Washington, D.C.


Joan Steinman spoke on a panel, Class Dismissed?: How the Supreme Court’s Recent Decisions Have Shifted the Balance Between Individuals and Corporations, sponsored by the Chicago-Kent Chapter of the American Constitution Society, on the subject of recent Supreme Court cases addressing class action issues, on November 2, 2011.


Keith Ann Stiverson was a speaker at a program entitled Primary Legal Materials: Access, Preservation, Authentication, and Advocacy, at the joint annual meeting of the Mid-America and Southwestern associations of law libraries. Keith Ann discussed the recent passage of the Uniform Electronic Legal Material Act and its prospects for passage in the states.


Dan Tarlock presented the paper Takings, Property Rights and Climate Change at the University of Colorado Law School and Duke University School of Law Workshop on Climate Change Law and Policy, Boulder, CO, June 11, 2011.  The revised version is to be presented at Georgetown University’s Conference on Takings on November 18, 2011, in Washington, D.C.

He also gave the plenary address, Reconnecting Cities and Their Watersheds, at the Dutch Institute of Building Law, Platform of Experts in Planning Law, Conference on Water in Urban Areas and Planning Law, at the University of Copenhagen, Copenhagen, Denmark, September 19- 30, 2011.

Professor Tarlock also presented the paper The Legacy of Schodde v. Twin Falls Land and Water Co: The Evolving Reasonable Appropriation Principle, at the Conference Honoring the Retirement of James Huffman and Janet Neuman, Lewis and Clark College of Law, Portland, Oregon, October 7, 2011.  The paper is to be published in the Environmental Law Journal.

Finally, he participated in the panel presentation The Great and Growing Cities Doctrine with Justice Gregory Hobbs, Colorado Supreme Court, at the Diving the Waters Conference for Judges, The Urban-Ag Interface, National College of Judicial Education, University of Nevada, Reno, Nevada, October 12, 2011.


Ozan Varol presented his forthcoming article, The Democratic Coup d’État, 53 Harv. Int’l L.J. __ (forthcoming 2012), at the University of Chicago Legal Scholarship Workshop (September 2011), Chicago-Kent College of Law Faculty Workshop (September 2011), and the American Society of Comparative Law Annual Meeting (October 2011).  He is also co-organizing a conference in Summer 2012 with Bertil Emrah Oder, the Dean of the Koc Law School in Istanbul, Turkey, on comparative constitutional law and the new Turkish Constitution, which is in the process of being drafted.


Richard Warner, with co-authors Miriam Russom and Robert Sloan, will present Legal Concepts of Privacy Meet Technology: A 50-State Survey, at the Workshop on Governance of Technology, Information, and Policies, on December 6, 2011. The article will appear in Proceedings of the 2011 Annual Computer Security Applications Conference.


Richard Wright presented a paper, Misunderstanding Justice and Rights, to the Faculties of Law and Philosophy, University of Toronto, Canada, on October 28, 2011.  He will present a more extensive paper on the same topic as a plenary speaker at the Sixth Biennial International Conference on the Law of Obligations: Challenging Orthodoxy, at the University of Western Ontario, Canada, in July 2012.

He also has agreed to present a paper, Tort Law and the Principles of Justice, at a conference at Rutgers University at Newark School of Law in November 2012, which will be published as part of a collection of essays on The Philosophical Foundations of the Law of Torts by Oxford University Press, and a paper, Jules Coleman’s Adventures in “Justice Theory”, at a conference at the University of Gerona in Spain in December 2012, which will be published in the monographic section of the legal journal, Diritto & Questioni Pubbliche, on the occasion of the 20th anniversary of the publication of Jules Coleman’s book, Risks and Wrongs.

Research in Progress – November 2011

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Lori Andrews was recently awarded a one-year grant by the Greenwall Foundation to analyze the legal issues surrounding the collection of health information by social networks and related data aggregators.


Nancy Marder is writing a book review of Justice Stevens’ Supreme Court memoir Five Chiefs for Judicature.


César Rosado is a member of the Regulating Labor and Markets Programme, based in Stockholm University, an international labor law research group. The programme recently received fresh funding that Professor Rosado will use for international labor law research.

Publications – November 2011

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Lori Andrews wrote an op-ed column for Room for Debate on The New York Times website in September 2011, entitled Proceed with Caution, about the issues raised by non-anonymous sperm donation. She wrote a chapter with Julie Burger Chronis, A Pound of Flesh: Patient Legal Action for Human Research Protections in the Biotech Age, in Patients as Policy Actors, (Beatrix Hoffman, Nancy Tomes, Rachael Grob and Mark Schlesinger, eds., Rutgers University Press, 2011). She also wrote a chapter with Jalissa Bauman Horne, Sculpting Public Policy through Bioart, in Art et Biotechnologies (Ernestine Daubner and Louise Poissant, eds., University of Quebec: Quebec, forthcoming 2011). In January 2012, Free Press, a division of Simon and Schuster, will publish her book entitled I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy. In the book, she proposes a Constitution for social networks and the Web.


Nancy Marder’s essay entitled Justice Stevens’ Jurisprudence of Respect was published in 44 Loy.- L.A. L. Rev. 843 (2011) as part of its symposium on the U.S. Supreme Court.

Excerpts of two of Professor Marder’s earlier publications, Introduction to the Jury at a Crossroad: The American Experience, 78 Chi.-Kent L. Rev. 909 (2003) and Introduction to the 50th Anniversary of 12 Angry Men, 82 Chi.-Kent L. Rev. 557 (2007), will be reprinted in the second edition of Law and Popular Culture: Text, Notes and Questions by David Papke et al., which will be published in January 2012.


Sheldon Nahmod‘s 2011 update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. 2011), was published in September 2011.


Henry Perritt has two articles in editorial production at the moment: The Internet’s First 20 Years: Developing a Constitution for Cyberspace, is in editorial production at the William & Mary Human Rights Law Journal, while Cut in Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, is in editorial production at the Vanderbilt Journal of Entertainment and Technology Law.


Christopher Schmidt has published the articles The Tea Party and the Constitution, 39 Hastings Const. L.Q. 101 (2011) and Popular Constitutionalism on the Right: Lessons from the Tea Party, 88 Denver U. L. Rev. 523 (2011). Forthcoming is Law and Society, in The Oxford Encyclopedia of American Social History (Lynn Dumenil ed., forthcoming 2012).


David Schwartz‘s article, An Empirical Assessment of the Supreme Court’s Use of Legal Scholarship (with Lee Petherbridge) was accepted for publication in the Northwestern University Law Review.

His article The Use of Legal Scholarship by the Federal Courts of Appeals: An Empirical Study (with Lee Petherbridge) was published at 96 Cornell L. Rev. 1345 (2011).


Joan Steinman‘s article, Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts’ Resolving Issues in the First Instance, will be published in the federal courts’ volume of the Notre Dame Law Review in winter 2012.


Dan Tarlock‘s latest book, Law of Water Rights and Resources (2011 ed.), was published. He also served as co-editor (and co-authored the Introduction) of volume 42 of the Land Use & Environmental Law Review (2011- 2012).


Ozan Varol has two forthcoming publications: The Democratic Coup d’État, 53 Harv. Int’l L.J. __ (forthcoming 2012) and The Origins and Limits of Originalism: A Comparative Study, 45 Vand. J. Transn’l L. ___ (forthcoming 2011).


Richard Wright‘s papers, Proving Causation: Probability versus Belief and The NESS Account of Natural Causation: A Response to Criticism, were published in October 2011 by Hart Publishing, Oxford, England, as chapters 10 and 14 of Perspectives on Causation, edited by Professor Richard Goldberg of the University of Aberdeen in Scotland.